A summary of the case law findings of the Senate’s Department of Administrative Cases and the Department of Civil Cases regarding the application of the Law on Compensation for Damage Caused in Criminal Proceedings and Administrative Offence Proceedings.

On March 1, 2018, the Law on Compensation for Damage Caused in Criminal Proceedings and Administrative Offence Proceedings entered into force, which replaced the Law “On Compensation for Damages Caused as a Result of Illegal or Unreasonable Acts of an Inquiry Authority, Prosecutor's Office or Court” and which made a number of significant changes to the legal framework for obtaining compensation for damage caused in criminal proceedings or administrative violation proceedings.

In order to facilitate the uniform application of legal provisions, a summary of case law in cases concerning compensation required under the Law on Compensation has been created. The rulings of the Senate used in the summary were adopted between March 1, 2018 (when the Law on compensation entered into force) and February 28, 2022. It should be taken into account that the case law included in the summary may be further developed, therefore each of the contained findings should always be considered in conjunction with the applicable regulatory framework.

The summary is designed as a commentary on the Law on Compensation; therefore, the findings are arranged according to the articles of the Law. It should be noted that in cases where some finding is applicable to several articles of the Law, it has been added several times.

The summary has been prepared by the Division of Case-law and Research of the Supreme Court in cooperation with the Department of Administrative Cases of the Supreme Court Senate.

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 286522